EI_Workmens Compensation Policy_A5_SME AON_v1

SME Workmen’s Compensation This Insurance Policy provides statutory cover for your employees. You can rest assured that you will always receive the best assistance and service in time of need. eminsco.com 2



WORKMEN’S COMPENSATIONPOLICYThank you for choosing our Policy.Your Policy, most recent Schedule, and any writtenendorsements that accompany it, set out the contractbetween you and us.The Schedule specifies the cover you have selected. It is yourevidence of insurance and may be required in the event ofa claim. Covers will only be in operation where indicated onyour Policy Schedule and or on any endorsements issued toyou by us. The Policy comprises the Schedule and most recentendorsement and the terms and conditions. They should beread as one document. Please take a moment to read theentire Policy to ensure you fully understand your coverage,rights and responsibilities.You agree to pay the premium shown in the Schedule andcomply with your responsibilities described in this Policy.The Policy is based on the information provided to us by youor on your behalf. All the information given to us must betrue and complete. We will not pay a claim if the informationprovided is deliberately fraudulent.If there are any changes in your circumstances and/or theinformation you have provided is no longer valid or true, youmust inform us as soon as is reasonably possible as this mayaffect your Policy and your ability to claim.



CONTENTSMaking a Claim 1What is Covered 2Policy Extensions 3What is not Covered 5Policy Conditions 6Arbitration 8Policy Exclusions 9

MAKING A CLAIMEmirates insurance is committed to providing the finest claims service in the industry. When a lossoccurs, we aim to respond immediately with practical advice and assistance.We must be notified as soon as it is reasonably practical, after an event, which may give rise to aclaim and in every case, within 30 days after such an accident. Late notification of a claim may affectour acceptance of it, if it is made so long after the event that we are unable to investigate it fullyor may result in the Insured person not receiving the full amount claimed, if the sum claimed isincreased as a result of the delay.You will need to provide your name and your Policy number at the time of reporting a potentialclaim. Calls may be monitored or recorded to improve our service and for security or regulatorypurposes. To make a claim, please contact your insurance broker /agent. Alternatively, you cancontact us directly on:Tel: +971 2 644 0400Fax: +971 2 644 5227Email: [email protected] 1

WHAT IS COVEREDIf at any time during the period of insurance, any employee in the Insured’s service shall sustainpersonal injury by accident or disease arising out of and in the course of his employment by theInsured in the business and if the Insured shall be liable to pay compensation for such injury underthe UAE Federal Labour Law as amended from time to time, Common Law and / or Shariah Law.Then, subject to the terms and conditions contained herein or endorsed hereon, the Insurers willindemnify the Insured against all sums for which the Insured shall be so liable and will in addition beresponsible for all costs and expenses incurred with its written consent in defending any claim forsuch compensation.Provided always that, in the event of any change in the Law(s) or the substitution of other Legislationthis Policy shall remain in force and the liability of the Insurer shall be extended to include anyadditional such sum as the Insured would be liable to pay under these subsequent amendments. 2

POLICY EXTENSIONSThis Policy is extended to cover:1. N on-occupational injuries (i.e. on 24 hour basis on and off duty) based on the schedule of compensation of the UAE Federal Labour Law. This Policy covers accidental personal injury and/or accidental death to the Insured persons during non-business hours.2. Repatriation expense The costs of repatriation following bodily injury of an injured employee and/or the return of his/her place of employment with the Insured following recovery, or in the case of death, the costs of his/her mortal remains or ashes, and in either case including the costs of an escort if necessary, but not exceeding the limit as specified in the schedule.3. Insured’s newly hired employees This Policy is extended whilst on incoming flights from their country of origin to UAE but based on the schedule of compensation of UAE Federal Labour Law.4. Insured’s employees This Policy covers whilst on flights and/or commuting from/to UAE but based on the schedule of compensation of UAE Federal Labour Law.5. Accidental medical expenses This Policy covers in any Private Hospital or Clinic and unlimited in Government Hospitals/Clinics. Maximum amount as per specified in the schedule.6. Employer’s liability Any employee of the Insured, as detailed in the Policy schedule, shall sustain personal injury or death by accident arising out of and in the course of his employment by the Insured in the occupation stated and if the Insured shall be liable to pay compensation for such injury or death at Common / Shariah Laws / UAE Federal Laws then subject to the terms, exceptions and conditions contained in the Policy or endorsed thereon the Insurers will indemnify the Insured against all sums for which the Insured shall be legally liable to pay and will in addition be responsible for all costs and expenses incurred with their consent in defending any claim for such compensation. Maximum limit of liability specified in the schedule. 3

7. Employee to employee liability Insurers shall treat any employee of the Insured engaged in company activities as though he was the Insured in respect of actions brought against the employee personally had the action been brought against the Insured and an indemnity would have been provided by this Policy provided that: (a) Such employee is not entitled to indemnity under any other Policy. (b) Such employee shall observe fulfill and be subject to the terms, conditions and exceptions of this Policy in so far as they can apply. (c) If in respect of any one claim or number of claims arising out of any cause the Insurer shall be liable to indemnify both the Insured and the Insured’s employees, the aggregate amount of indemnity to all parties shall not exceed the limit of indemnity stated in the schedule.8. Sun stroke / hernia extension This Policy covers sun stroke / hernia caused by work related accidents only.9. Waiver of subrogation Insurer waives its rights of subrogation acquired against any of the named Insured’s and their affiliates, subsidiaries or parent companies and their agents or employees, by reason of any payment under this Policy except that such waiver shall not extend to cover losses caused by acts of any such principals or their affiliates, subsidiaries or parent companies and their agents or employees, which are not connected with the operations being conducted by the same Insured and covered by the Policy.10. Increased benefits The Labour Law benefits payable under the Policy are amended to read as follows: (a) Death: three times annual basic salary subject to a maximum amount specified in the schedule. (b) Permanent disablement: three times annual basic salary subject to a maximum amount specified in the schedule (scale of benefits provided under the Labour Law(s) specified in the schedule shall apply). All other benefits remain unaltered.11. Blood money (“Diyya”) Clarification In the event that the terms and conditions of this Policy contain any exclusion herein with relation to fines, penalties, punitive or exemplary damages no such exclusion shall operate in the award of blood money “diyya” by any competent court of law within the jurisdiction specified in this Policy. Blood money (Diyya) shall thereby be treated as an award of compensation and/or damages and not as fines, penalties, punitive or exemplary damages. This clause shall act in supercedence of any and all other clauses to the contrary operating within this Policy. 4

WHAT IS NOT COVERED1. The company shall not be liable under the Policy in respect of:- (a) Any injury by accident directly attributable to war, invasion, act of foreign enemy, hostilities (whether war be declared or not). (b) The Insured’s liability to employees of contractors to the Insured.2. Any liability of the Insured which attaches by virtue of an agreement but which would not have attached in the absence of such agreement.3. Any sum which the Insured would have been entitled to recover from any party but for an agreement between the Insured and such party.4. Any injury by accident or disease sustained outside the geographical area.5. Any employee who is not a “Workman” within the meaning of the Workmen’s Compensation Law(s). 5

POLICY CONDITIONS1. This Policy and the schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any part of this Policy or of the schedule shall bear such specific meaning wherever it may appear.2. The due observance and fulfillment of the terms of this Policy in so far as they relate to anything to be done or not to be done by the Insured and the truth at the statements and answers in the proposal shall be conditions precedent to any liability of the company to make any payment under this Policy.3. Every notice or communication to be given or made under this Policy shall be delivered in writing to the Insured.4. The Insured shall take all reasonable precautions to prevent accidents and to employ competent workmen and shall comply with all statutory regulations and remedy and / or repair any detect in the ways, works, machinery and plant connected with or used in his business.5. If at the time any claim arises under this Policy there be any other insurance covering the same liability the Insurer y shall not be liable to pay or contribute more than its ratable proportion of any such claim and costs expenses in connection therewith.6. The first premium and all renewal premiums that may be accepted are to be regulated by the amount of wages and salaries and other earnings paid by the Insured to employees during each period of insurance. The name of every employee together with the amount of wages salary and other earnings shall be properly recorded and the Insured shall at all times allow the Insurers to inspect such records and shall supply the Insurer with a correct account of all such wages salaries and other earnings paid during any period of insurance within one month from the expiry date of such period of insurance. If the amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by a further proportionate payment to the company or by a refund by the company as the case may be.7. Upon the happening of any occurrence likely to give rise to a claim under this Policy and/or upon the receipt by the Insured of notice of any claim or of any other subsequent proceedings, notice in writing, with full particulars, shall be given to the Insurer as soon as possible after same shall come to the knowledge of the Insured or the Insured’s representative. Every letter, claim, writ, summons or process shall be forwarded to the Insurer as soon as possible upon receipt by the Insured.8. No liability shall be admitted and no admission, arrangement, offer, promise or payment shall be made by the Insured without the written consent of the Insurer, who shall be entitled, if it so desires, to take over and conduct in the name of the Insured, the defence of any claim or to prosecute in its own name for its own benefit any claim for indemnity or damages or otherwise against any Third Party and shall give all such information and assistance as the Insurer may require. 6

9. If it shall so desire, the Insurer may at any time or stage of proceedings discharge its liability hereunder by paying to the Insured the maximum sum for which it is liable in respect of any accident or the balance of any such maximum sum, if any payment has already been made in respect of any claims arising out of the accident; and in the event of it so doing the Insurer shall cease to have the conduct and control of the negotiations, action or proceeding in connection with the claims and shall not be responsible for any costs or expenses in connection therewith incurred after the date of the payment aforesaid, nor for any loss which the Insured may claim to have sustained by reason of the Insurer having acted as herein provided.10. Either party may cancel this Policy by sending notice within the days specified in the schedule by a registered letter to the other party at his last known address and in such event the premium shall be adjusted on a pro rata basis.11. The premium charged at Policy inception is on the basis of the estimated wages declared and premium adjusted at year end on the basis of actual salaries declared by the Insured.12. Any condition noted in the schedule shall supersede the Policy wording should there be any conflict between these two documents.13. The Insured shall take reasonable precautions to prevent accidents and disease and shall comply with all statutory obligations. 7

ARBITRATIONIf any difference arises out of this Policy the Insurer shall immediately notify the Insured in writingof his right to refer the difference to arbitration. Such difference shall be referred to the decisionof the Arbitrator to be appointed in writing by the parties in difference or if they cannot agreeupon a single arbitrator to the decision of two Arbitrators one to be appointed in writing by eachof the parties within one calendar month after having been required in writing so to do by eitherof the parties or in the case the arbitrators do not agree of an umpire appointed in writing by thearbitrators before entering upon the reference. If the Arbitrators fail to agree upon an Umpire,then, on request of the named Assured or the Insurer such Umpire shall be selected by a judge ofa court of record in the Emirate(s) of Abu Dhabi or Dubai. The Umpire shall sit with the arbitratorsand preside at their meetings and the making of an award shall be a condition precedent to anyright of action against the Insurery. If the Insurer shall disclaim liability for any claim hereunder andsuch claim shall not within twenty four calendar months from the date of such disclaimer have beenreferred to arbitration under the provisions herein contained then the claim shall for all purposes bedeemed to have been abandoned and shall not thereafter be recoverable hereunder. 8

POLICY EXCLUSIONS1. War and Terrorism Exclusion Clause Notwithstanding any provision to the contrary within this contract or any endorsement thereto it is agreed that this contract excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss: (a) War, or state of war, whether declared or not, invasion, acts of foreign enemies, hostilities or warlike operations, and/or (b) Civil war, rebellion, revolution, insurrection, mutiny, riot, strike, military or popular rising, and/or (c) Civil commotion assuming the proportions of or amounting to a popular rising, and/or (d) Martial law, state of siege, state of emergency or any event(s) or cause(s) which directly or indirectly lead(s) to the proclamation to establish, the establishment or maintenance of martial law, a state of siege and/or a change of government or head of state, and/or (e) Any act intending to overthrow or influence the government, local authorities or part of them with force, by means of fear, with violence or the threat thereof, and/or (f) Any act of terrorism, and/or (g) Looting, pillage, felony, theft, burglary, malicious damage, vandalism or any comparable activity if they occur in parallel or in connection with any act referred to in point 1 to 6 of this endorsement. This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (a) to (g) above. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. If the Insurers allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. Notwithstanding the foregoing, it shall be further understood and agreed that as regards: 1. Strike, Riot, Civil Commotion contained within item (b) and/or (c) above, for the purposes of this Contract Strike, Riot, Civil Commotion shall be defined as being any act of Strike, Riot, Civil Commotion for political means only. 9

2. Nuclear/Chemical/Biological Terrorism Exclusion Clause It is agreed that, regardless of any contributory cause(s), this insurance does not cover any claim(s) in any way caused or contributed to by an act of terrorism involving the use or release or the threat thereof of any nuclear weapon or device or chemical or biological agent. For the purpose of this exclusion, an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of, or in connection with any organization(s) or government(s), committed for political, religious, ideological or ethnic purposes or reasons including the intention to influence any government and/or to put the public, or any section of the public, in fear. If the Insurers allege that by reason of this exclusion any claim is not covered by this insurance, the burden of proving the contrary shall be upon the Assured.3. Nuclear Energy Risks Exclusion Clause This agreement shall exclude Nuclear Energy Risks whether such risks are written directly and/or by way of insurance and/or via Pools and/or Associations. Nuclear Energy Risks shall mean insurances in respect of: (i) All Property, on the site of a nuclear power station. Nuclear Reactors, reactor buildings and plant and equipment therein on any site other than a nuclear power station. (ii) All Property, on any site (including but not limited to the sites referred to in I above) used or having been used for: (a) The generation of nuclear energy; or (b) The Production, Use or Storage of Nuclear Material. (iii) Any other Property eligible for insurance by the relevant local Nuclear Insurance Pool and/or Association but only to the extent of the requirements of that local Pool and/or Association. (iv) The supply of goods and services to any of the sites, described in I to III above, unless such insurances shall exclude the perils of irradiation and contamination by Nuclear Material. Except as undernoted, Nuclear Energy Risks shall not include:- (i) Any insurance in respect of the construction or erection or installation or replacement or repair or maintenance or decommissioning of Property as described in I to III above (including contractors’ plant and equipment); (ii) Any Machinery Breakdown or other Engineering insurance not coming within the scope of (i) above. Provided always that such insurance shall exclude the perils or irradiation and contamination by Nuclear Material. 10

However, the above exemption shall not extend to: 1. The provision of any insurance whatsoever in respect of: (a) Nuclear Material; (b) Any Property in the High Radioactivity Zone or Area of any Nuclear Installation as from the introduction of Nuclear Material or, for reactor installations, as from fuel loading or first criticality where so agreed with the relevant local Nuclear Insurance Pool and/or Association. 2. The provision of any insurance for the undernoted perils: (a) Fire, lightning, explosion; (b) Earthquake; (c) Aircraft and other aerial devices or articles dropped therefrom; (d) Irradiation and radioactive contamination; (e) Any other peril Insured by the relevant local Nuclear Insurance Pool and/or Association In respect of any other property not specified in I above which directly involves the Production, Use or Storage of Nuclear Material as from the introduction of Nuclear Material into such Property. “Nuclear Material” means: (i) Nuclear fuel, other than natural uranium and depleted uranium, capable of producing energy by a self–sustaining chain process of nuclear fission outside a Nuclear Reactor, either alone or in combination with some other material; and (ii) Radioactive Products or Waste. “Radioactive Products or Waste” means any radioactive material produced in, or any material made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuel, but does not include radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial or industrial purpose. “Nuclear Installation” means: (i) Any Nuclear Reactor; (ii) Any factory using nuclear fuel for the production of Nuclear Material, or any factory for the processing of Nuclear Material, including any factory for the reprocessing of irradiated nuclear fuel; and (iii) Any facility where Nuclear Material is stored, other than storage incidental to the carriage of such material. “ Nuclear Reactor” means any structure containing nuclear fuel in such an arrangement that a self-sustaining chain process of nuclear fission can occur therein without an additional source of neutrons. “ Production, Use or Storage of Nuclear Material” means the production, manufacture, enrichment, conditioning, processing, reprocessing, use, storage, handling and disposal of Nuclear Material. “ Property” shall mean all land, buildings, structures, plant, equipment, vehicles, contents (including but not limited to liquids and gases) and all materials of whatever description whether fixed or not. 11

“High Radioactivity Zone or Area” means: (i) For nuclear power stations and Nuclear Reactors, the vessel or structure which immediately contains the core (including its supports and shrouding) and all the contents thereof, the fuel elements, the control rods and the irradiated fuel store; and (ii) For non-reactor Nuclear Installations, any area where the level of radioactivity requires the provision of a biological shield.4. Sanction Limitation and Exclusion Clause Insurer shall not be deemed to provide cover and shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that Insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union, its individual member states (as far as applicable) or United States of America.5. Electro Magnetic Fields It is hereby understood and agreed that this Policy excludes any claims or losses arising directly or indirectly out of non-ionic radiation including but not limited to Electro Magnetic Fields and/or Electro Magnetic Interference.6. Genetically Modified Organisms It is hereby understood and agreed that this Policy excludes any claims or losses arising directly or indirectly from Genetically Modified Organisms (“GMOs”). For the purposes of this exclusion, GMOs shall mean and include; organisms or microorganisms or cells, or the organisms or micro-organisms, cells or cell organelles, from which they have been derived, which have been subject to a genetic engineering process which resulted in their genetic change and shall also mean and include every biological or molecular unit with self- replication potential. or biological or molecular unit with selfreplication potential from which they have been derived, which has been subject to a genetic engineering process which resulted in its genetic change. In the event that the definition of GMO under the applicable laws and/or official regulations relating to genetic engineering or modification in any State, territory or jurisdiction in which a claim is made is wider than the foregoing then such wider definition shall be incorporated into this definition in addition to the foregoing.7. Transmissible Spongiform Eencephalopathy It is hereby understood and agreed that this Policy excludes any claims or losses arising directly or indirectly out of transmissible spongiform encephalopathy (TSE) including but not limited to bovine spongiform encephalopathy (BSE) or new variant Creutzfeld-Jakob disease (vCJD).8. Asbestos It is hereby understood and agreed that this Policy shall not apply to and does not cover any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses directly or indirectly arising out of, resulting from, in consequence of, contributed to or aggravated by asbestos in whatever form or quantity. 12

In case of claims, please contact us on TEL: +971 2 644 0400 FAX: +971 2 644 5227 Email: [email protected] P.O. Box: 3856, Abu Dhabi United Arab Emirates1